Icici Lombard General Insurance Co. Ltd. v. Monish Sanjay Patil And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1307 OF 2025 } } } } } } ICICI Lombard General Insurance Co.

Ltd.

R/at Ground Floor, Second & Third, ICICI Lombard House, Veer Sawarkar Marg, Prabhadevi, Mumbai-400 025 .... Appellant V/s.

by NILAM SANTOSH KAMBLE Date: 2025.12.03 18:21:01 +0530 NILAM SANTOSH KAMBLE } } } } } } } } } } } } } } } } } } } } } } } } } } .... Respondents

1. Monish Sanjay Patil Age-29 years, Occ: Student

2. Ranjana Sanjay Patil Age-47 years, Occ: Household

3. Mohit Sanjay Patil Age-31 years, Occ: Student

4. Damini Sanjay Patil Age-28 years, Occ: Student

5. Shevanti Krushna Patil Age-67 years, occ: Nil

6. Krushna Budhaji Patil Age-84 years, OcC: Nil

7. Sardar Baba Patel R/at Room No.15, Gulshan Islam Housing Society, Mahatama Phule Nagar, 90 Feet Road, Sakinaka, Mumbai-400 072.

N.S. Kamble page 1 of 6

---- Mr.Pandit Kasar, for the Appellant.

Mr.Varun H. Thanawala, for the Respondents.

---- CORAM : R.M. JOSHI, J.

DATE : 1st DECEMBER 2025 ORAL JUDGMENT :- .

By consent of both sides heard finally at the stage of the admission.

2.

The Appeal takes exception to the judgment and award dated 24th March 2025 passed in Motor Accident Claims Tribunal No.795 of 2018, whereby the Tribunal has directed payment of compensation Rs.28,00,000/- along with interest @ 7.5 per month.

3.

The facts which led to the filing of this Appeal can be narrated as under:- The Original Claimants filed claim seeking compensation in respect of death of the deceased who was riding Activa Motor Scooter bearing No.MH-04-JL-8082 on ThaneNashik Highway. It is claimed that while he was crossing N.S. Kamble page 2 of 6

Mankoli bridge through subway, one Tata Dumper bearing No.Mh-03-CP-5579 came in high speed and dashed to the scooter resulting into causing serious grievous injuries to the deceased who ultimately succumbed to the injuries. The Claimant claimed that, the deceased was working with Mahanagar Transport and earning Rs.28,000/- per month. The owner of the offending vehicle appeared before the Tribunal but failed to file written statement before the Trial Court. The Insurer filed Written Statement denying the contentions and Claims of the Claimant. Evidence was led by the Claimants. No evidence was led by the Insurer. The Tribunal allowed the Petition by granting compensation as recorded herein above. 4.

The learned counsel for the Appellant, at the outset, submits that, the judgment and awarded passed by the Tribunal is unreasoned one and Tribunal has committed error in accepting the income of the deceased @ Rs.17,500/- without the income being proved by the Claimant.

5.

The learned counsel for the Claimants supported the impugned award. It is his contention that in any case the N.S. Kamble page 3 of 6

notional income also would not be less than Rs.10,000/- per month. It is further submitted that, the Claimants are also entitle to receive consortium in respect of Claimant Nos.2 to 6, in view of the judgment in case of Magma General Insurance Co. Ltd. vs. Nanu Ram1, 6.

At the outset, it needs to be stated that, though judgment in question is short, it records reason for allowing the claim. Now question arises as to whether there is any evidence led by the Claimant to prove the income of the deceased @ Rs.17,500/- per month and record indicates that there is no evidence led to that effect. In any case, the notional income of the deceased would have to be considered and the submission of learned counsel for the Claimant about the notional income at the relevant time at Rs.10,000/- per month is fair and reasonable, and therefore accepted.

7.

There is no dispute about the age of the deceased so also multiplier is made applicable. Apart from this the Claimant Nos.2 to 6 are entitled to receive filial consortium in view of 1 2018 ACJ 2782 (SC) N.S. Kamble page 4 of 6

Magam Insurance (Supra). The calculation of compensation is as under:

Income per month Rs.10,000.00 Add : 25% future prospects (Rs.10,000 + Rs.2,500) Rs.12,500.00 1/5 Deduction for Personal Expenses (Rs.12,500 - Rs.2,500) Rs.10,000.00 Total Net Income (Rs.10,000/- x 12) Rs.1,20,000.00 Multiplier (Rs.1,20,000 x 13) Rs.15,60,000.00 Consortium Add :- Rs.2,40,000.00 Loss of Estate Rs.15,000.00 Funeral Expenses Rs.15,000.00 Total -------------------- Rs.18,30,000.00 ============ 8.

In view of this, the Appeal deserves to be partly allowed.

9.

In view of the above, the Appeal is partly allowed in the following terms.

ORDER

(i) The impugned award is modified.

(ii) The Claimants would be entitled to receive Rs.18,30,000/- jointly and severally from Original Opponent Nos.1 and 2, with interest @ N.S. Kamble page 5 of 6

7% per annum from the date of filing of the Claim Petition till realization of amount.

10.

All pending Applications are disposed of.

(R.M. JOSHI, J.) N.S. Kamble page 6 of 6